[pheonix]

i totalally agree wih this idea, because although the chance of the average person getting to take photos of a schedule one species is very slim, the CROW act makes it illegal to recklessly disturb, damage etc any birds nest/nesting bird. and like helen said whos is to say whether someone used a scope or long lense to get a shot a worried a nesting bird by getting too close? its a tough one to call on..